Definitions Flashcards
(15 cards)
Without claim of right
No belief of possessory or proprietary right to property
Uses/Attempts to use:
Single action or continuing use
Intent:
Commit the act, to get a specific result
Property:
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, any debt, and any other right or interest
Service:
Service is limited to financial or economic value and excludes privileges or benefits.
Valuable consideration:
The scope of a valuable consideration is wider than a pecuniary advantage. Anything of value
Deception (a):
a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
i) knows that it is false in a material particular
ii) is reckless as to whether it is false in a material particular
Deception (b):
An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it
Deception (c):
A fraudulent device, trick, or stratagem used with intent to deceive any person
Privilege or Benefit:
The words “privilege” or “benefit” are not limited to a pecuniary nature. Both mean a ‘special right or advantage’
Control:
Exercise authoritative or dominating influence or command over it.
Does not need to possess something in order to control it.
Pecuniary Advantage:
“Economic or monetary advantage”
Credit:
The obligation on the debtor to pay or repay, and the time given for them to do so by the creditor
Liability:
Legally enforceable financial obligation